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2025 DAILYLAW 153054 (ALL)

PARVEZ AHMAD v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO.

BAIL/6806/2025 · 2025-07-25

Karunesh Singh Pawar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:42970 Court No. - 14 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6806 of 2025 Applicant :- Parvez Ahmad Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. Counsel for Applicant :- Manjeet Singh,Babu Ram Shukla Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. A supplementary affidavit filed by learned counsel for the applicant is taken on record. Heard learned counsel for the accused-applicant as well as learned A.G.A. for the State and perused the record. Learned counsel for accused-applicant while pressing the bail application submits that the accused-applicant has been falsely implicated in the instant case as well as in the sole case mentioned in the gang chart. In that case, he has been released on bail. The bail order is on record as Annexure No. 3 to the bail application. Apart from the sole case mentioned in the gang chart, there are 15 other cases pending against the accused applicant which has been explained in para 15 of the bail application as well as in the supplementary affidavit. Learned counsel for the applicant submits that the co-accused persons Muktadir, Farmaan, Akhtar Ali and Mohd. Ikram have been enlarged on bail by the coordinate Benches of this Court vide orders dated 28.01.2025, 19.02.2025, 10.03.2025 and 24.04.2025 passed in criminal misc. bail application Nos. 810 of 2025, 1301 of 2025, 2118 of 2025 and 2203 of 2025. Learned counsel for the applicant seeks parity with the order of the co-accused persons. It has been further submitted that applicant is in jail since 15.12.2024 and if facility of bail is granted, there is no apprehension that he will flee from the judicial process and he will abide by the orders passed by the Court below and will co- operate in speedy trial of the case. Learned A.G.A. has opposed the prayer for bail but has not disputed the factual submissions made by the learned counsel for the accused-applicant. On due consideration to the bail orders of co-accused Muktadir, Farmaan, Akhtar Ali and Mohd. Ikram; the fact that in the sole case mentioned in the gang chart, he has been enlarged on bail and 15 cases of criminal antecedent has been explained in para 15 if the bail application and in the supplementary affidavit and the applicant is languishing in jail since 15.12.2024, I find it to be a fit case for enlarging the applicant on bail. Accordingly, the bail application is allowed. Let the applicant, Parvez Ahmad, involved in Case Crime No. 408 of 2024 u/s 2/3 of U.P. Gangsters & Anti Social Activities (Prevention) Act, P.S. Raniganj, District Pratapgarh be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:- (i) The applicant will not tamper with the evidence during the trial. (ii) The applicant will not pressurize/ intimidate the prosecution witness. (iii) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence. (iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (v) The applicant shall submit an undertaking on affidavit in terms of Section 19 (4) of the U.P. Gangster and Anti Social Activities (Prevention) Act, 1986 that he will not indulge in any case for or misuse the liberty of bail. (vi) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code (Now Section 269 of BNS). (vi) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. (now Section 84 BNSS) is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law under Section 174-A IPC (now Section 209 of BNS). It is clarified that the observations made in this order are confined to the present anticipatory bail application and shall have no bearing on the merits of the trial. Order Date :- 25.7.2025 R.C. Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench